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(영문) 서울북부지방법원 2020.02.13 2019고단4256
교통사고처리특례법위반(치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of B 2 cargo vehicles.

Around 18:50 on August 21, 2019, the Defendant driven the above cargo vehicles, and led the roads inside the apartment complex of Gyeonggi-do to E-Dong from Ddong to E-Dong.

Since the Defendant was driving with a passenger car driven in a narrow channel, there was a duty of care to safely proceed with the driver of a motor vehicle by reducing speed and accurately manipulating the steering direction and brakes.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was stopped and waiting for the Defendant to pass first in a way that would cause the Defendant to pass first by his negligence. The Defendant followed the Victim F (F) Gtoscar car, 46 years old, followed the Defendant’s left part to the left part to load the Defendant’s cargo.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, such as salt, tensions, etc., in need of approximately two weeks of medical treatment on the part of the victim F, and suffered injury to the victim H (V, 48 years of age) who was aboard the said car, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. On September 1, 2010, the Defendant was punished by a fine of two million won for the crime of violating the Road Traffic Act at the District Court of Jung-gu District on September 1, 2010.

On August 21, 2019, around 18:50 on August 21, 2019, the Defendant driven B 2, while under the influence of alcohol concentration of about 0.079% in the section of about 20km from the middle-gu Seoul Metropolitan Government I apartment road to the road in the Namyang-gu C apartment complex in Gyeonggi-si, the Defendant violated Article 44(1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident of F;

1. A traffic accident report;

1. Report on the circumstantial statement of a drinking driver, investigation report, and notification of the results of crackdown on drinking driving;

1. Each letter of diagnosis;

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